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Lowell Water Utility employee countersues foreman

By Lyle Moran, lmoran@lowellsun.com

Updated:
11/14/2012 06:36:33 AM EST

WOBURN -- The Lowell Regional Water Utility employee that foreman Geoff Whitman sued to silence about Whitman's alleged steroid deliveries to work has returned fire by suing the foreman, claiming the lawsuit has caused him distress.

In a civil lawsuit filed in Middlesex Superior Court, Utility Head Operator Sean Fernandez of Brookline, N.H., alleges that Whitman filed a suit against him in late September to head off his and other employees' cooperation with the ongoing Lowell police investigation into criminal activity in the Water Department.

The Sun has reported that the police are investigating whether Whitman had steroids delivered to the utility on Pawtucket Boulevard several years ago, in addition to their primary focus on the alleged theft of scrap metal by utility employees.

Fernandez's suit claims "the allegations contained in (Whitman's) complaint were false, without any basis in law or fact, and were made for the sole purpose of harassing the Plaintiff and to chill any comments or information to be provided about an ongoing investigation being conducted by the Lowell Police Department."

The conflict between Whitman, a Nashua resident, and Fernandez is not the first clash within the department since the police investigation began, nor the first accusation of an employee trying to quell co-workers' cooperation with the police probe into the utility.

Late last month, Utility Employee Steven Torres was arrested and arraigned on charges that he verbally harassed three co-workers he suspected of cooperating with the police investigation and talking to The Sun.

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Torres, who City Manager Bernie Lynch suspended without pay last month and who was ordered by a judge to stay away from the Water Utility, is also accused of physically intimidating one of the co-workers. Torres reported to Whitman, and the two are reportedly close.

In September, Whitman voluntarily dismissed his suit against Fernandez two days after filing it, but Fernandez alleges Whitman both intentionally and negligently inflicted him with emotional distress.

Fernandez also alleges that Whitman violated his civil rights and abused the legal process with his lawsuit, which caused Fernandez to accrue legal fees. Fernandez is seeking a judgment in an amount to compensate for the damages he alleges he has suffered.

Representing Fernandez is Attorney Roland Milliard of Dracut. He said his client had hoped to avoid litigation, but Whitman did not cooperate.

"It did not have to get to this point," Milliard told The Sun. "Every effort was made to resolve this short of litigation, but when the other side refuses to negotiate at all, one has no choice but to resort to the court system."

Whitman has been served the lawsuit, but it is unclear when a pretrial hearing date will be.

Whitman did not respond to a request for comment Tuesday.

He was suspended for two weeks by Lynch in 2007 for having anabolic steroids and syringes at work.

In his suit against Fernandez, Whitman denied ever having anything illegal mailed to him at work.

But Fernandez told The Sun in early September that several years ago, he signed several times for packages sent to Whitman at the Water Utility from a steroid company.

Fernandez also recently confirmed to The Sun that he was interviewed by police last week as part of their ongoing investigation, but he did not divulge what they asked him.

"They asked a lot of questions and seemed to have a lot of information," Fernandez said.

City Councilor Rita Mercier said Lynch should have suspended Whitman as soon as the police investigation began, because Whitman is the primary focus of the probe into the alleged theft of scrap metal. She highlighted how during the investigation of the parking theft, the second-in-command at the Parking Department was put on leave during the investigation.

"I don't know why he hasn't been put on any sort of leave," Mercier said of Whitman.

Asked at a recent council meeting by Councilor Rodney Elliott why Whitman has not been put on leave, Lynch said he would take disciplinary action if allegations against any Water Utility employees turn out to be true.

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